1. Chapter 12

2. Negligence and Intent Negligence Intentional tort
The action is unintentional
It is unplanned
An injury results
Intentional tort
Deliberately causes harm or loss to another person
Intent - is the true purpose of an act

3. Duty of Care Breach of Duty of Care Reasonable person
You have a duty when a legal duty has been placed on you; you must not cause harm to people
Breach of Duty of Care
Happens when someone fails to meet the expected standard of care of a reasonable person
Reasonable person
No physical or developmental disabilities
Is careful, thoughtful, and considerate of other people in all dealings

4. Minors – Duty of Care Foreseeability Causation
A minor is anyone under the age of 18
the older a minor is, the more responsibility they have
Minors involved in adult activities (ex. Driving a car) are expected to meet an adults duty of care
Foreseeability
Would a responsible person foreseen the injury to the victim
Causation
Direct connection between the defendant’s negligent act and the Plaintiff’s claim

5. Actual Harm or Loss Burden of Proof
The plaintiff must prove that real harm or loss occurred because of the defendant's negligence
Burden of Proof
Plaintiff is responsible for the burden of proof
Defendant can present evidence that the plaintiff did not suffer any harm or the harm was not foreseeable
Rule on the balance of probabilities

6. Defences for Negligence
Contributory Negligence
Plaintiff has some responsible for the injury or harm to the himself/herself
Defendant is only responsible for the percentage they are negligent
Voluntary Assumption of Risk
The plaintiff clearly knew the risks, and made the choice to assume those risks
Inevitable Accident
Unavoidable situation resulting in injury or loss

7. Occupiers
An occupier is any person who has control and physical possession of a property and who owes a duty of care to make the property safe for people.
Invitees
Any person other than a social visit
Ex. Students attending school, service personal making repairs, etc.
High level of care of invitee as he/she will likely conduct business
Licensees
Enters the property with the implied permission of the occupier
Ex. A friend coming over for dinner
A lesser standard of care for invitee since there is no economic benefit

8. Occupiers Liability Acts
Trespassers
Trespasser is a person who enters a property without permission of a legal right to be there.
Occupiers must exercise a reasonable standard of care once they know of the trespassers presence
Allurements to children requires special duty and precautions
Occupiers Liability Acts
Due to the grey area determining if someone is an invitee or licensee, in many provinces Occupiers Liability Acts have been created, providing an equal standard of care for all visitors, regardless if they are invitees or licensees.

9. Commercial and Social host Invitees
Bars and social hosts are responsible for any results of someone who is intoxicated, as they cannot consider the duty of care for themselves, let alone anyone else.
Based on precedent, a social host will only be held liable for injuries that are reasonably foreseeable as a result of the activity that takes place on the host’s property

10. Motor Vehicle Negligence
Burden of proof has been shifted to the defendant in some motor vehicle cases
If both drivers are responsible for the accident, liability will be spilt between them
Motor vehicle accidents often involve contributory negligence
The driver is liable for the safety of the passengers, however, a passenger who accepts a ride with someone who is intoxicated or drives dangerously (ex. Speeding) have voluntarily accepted the risk of riding in the vehicle

11. Seat belts greatly reduce injuries, therefore, judges are ruling contributory negligence if someone fails to ”buckle up”. Damages are being reduced by 15% to 40%, even if the accident is 100% the other drivers fault.
Vicarious Liability – holding a blameless person responsible for the misconduct of another
Owner and driver of the vehicle are both liable for negligence

12. Professional Negligence
“Professionals” have a certain level and standard of care based on their knowledge and the publics expectation
The more specialized and qualified, the higher the standard of care is expected
Ex. Doctor, Engineers, Architects, Accountants, Lawyers, etc.

13. Medical Negligence
Any doctor who agrees to provide any medical service has a duty of care to meet reasonable standard of care
If a doctor fails to meet this standard, it is medical negligence
Doctors are required to inform the patient of their medical condition, their treatment options, and risks involved
A doctors ignorance of a particular risk may not be a successful defence
If the patient lacks sufficient information to give informed consent the doctor may be liable for negligence

14. Assault and Battery False Imprisonment
Assault occurs when the victim has reason to believe or fear that bodily harm may occur
Battery is the follow-through of assault and is the most common trespass to another person
Kissing or hugging someone without the person’s consent can be battery
False Imprisonment
Confining or restraining a person without consent in a specific area
Confinement must be through physical restraint, barriers, or legal authority
A plaintiff must attempt every means of reasonable escape before bringing action of false imprisionment

15. Trespass to land Nuisance
Is the act of entering and crossing another person’s land without permission or legal authority
Throwing something or bringing an object and not removing it is also trespassing
Can’t dig or go under someone’s property
Nuisance
One person’s unreasonable use of land that interferes with another person’s use and enjoyment of adjoining lands
Ex. Pollution, odors, noise,

16. Defences for Trespass Consent Self-Defence Defence of Others
Most commonly used with trespass to the person
Self-Defence
As long as the force used is not excessive and is reasonable
Provocation is not a defence
Defence of Others
Third party can come to the aid of a person if it is reasonable to assume that the person is in some degree of immediate danger

17. Defence of Property Legal Authority Necessity
Owners may use reasonable force to eject intruders from their property
Owner must first ask the trespasser to leave, unless the trespasser made a forcible entry, then no request to leave is required
Legal Authority
Certain individuals (ex. Police) have the legal authority to do what otherwise would be considered assault and battery or false imprisonment
Necessity
A defendant may be excused from trespassing if the action is strictly necessary

18. Defamation of Character
Defamation is an unjustified or untrue attack on a person’s reputation
Slander
Defamation through spoken words, sounds, physical gestures or facial expressions
Libel
Defamation through a more permanent visual or audible form than slander
Ex. TV, Radio, Newspaper

19. Defences for Defamation
Truth
Prove the statements are true
Absolute Privilege
Members of parliament, members of provincial legislatures, and all persons participating in courts, etc. are given absolute privilege, however they are liable if they repeat it outside the protected location
They can male statements openly, honestly, and freely

20. Qualified Privilege Fair Comment
Required to express their opinions during the course of their work are protected
Purpose is to encourage free speech on matters of public importance
Statements must be made in good faith, without malice
Fair Comment
Right to openly and honestly criticize (ex. media)
However, if the comments prove to malicious, then the defendant can be held liable for their comments

21. Insurance Motor Vehicle Liability Insurance Liability Insurance
People directly involved and people not directly involved (ex. family member) can sue for damages
Most vehicle insurance is third-party liability, because 3 parties are involved when a claim is made
No-fault insurance has been implemented in many provinces
Liability Insurance
Many businesses purchase liability insurance
Doctors and lawyers purchase malpractice insurance
Homeowners and renters buy liability insurance for vistors